Maui Council OKs ordinance to allow mobile food trucks as accessory uses on farms

The Maui County Council on June 30 voted 9-0 to substitute and pass Bill 76 (CD1, FD1), amending the county’s zoning code to allow mobile food trucks and trailers of 1,000 square feet or less as permitted accessory uses in the County Agricultural District.

Council Member Gabe Johnson, who introduced the committee recommendation, said the measure responds to enforcement that affected farmers who had been operating trucks for years and to recommendations from the Agricultural Working Group. He said the proposed changes add “mobile food trucks and trailers to the definition of agricultural food establishment” and amend the definition of agricultural product stands so product stands and food trucks on wheels count as accessory uses on working farms.

The bill was amended in committee to remove a proposed 500-foot separation requirement between food trucks, to prioritize Maui County produce language, to exempt Molokai from certain provisions, and to refine several definitions. Council members also adopted an amendment offered by Council Member Shane Senenci to add a registration and special-use-permit requirement for Hana Community Plan Area locations once a threshold number of registered trucks is reached. Senenci’s amendment added a cap and a path requiring special-use permits after registration exceeds the stated threshold in Hana.

Deputy Corporation Counsel Rowe clarified a drafting point during debate, saying the code’s reference to “lot” is treated the same as the tax map key (TMK): “We consider lots to be the same as the TMK.” Council members used that interpretation to explain the practical effect of per-TMK registration limits discussed during the meeting.

Council members also discussed grandfathering protections. An amendment introduced by Senenci would allow existing operators in East Maui and Hana to register with the Planning Department so those operations could be included among the permitted number without immediately requiring a special-use permit. Council Member Paulton and others asked staff to confirm administrative processes for registration and whether the Planning Commission would forward special-use permits to local advisory committees for review; members said they expected the Maui Planning Commission to send applications to the Hana Advisory Committee when appropriate.

The council adopted the FD1 substitute and the floor amendments and then passed the main motion as amended by voice/hand vote, recorded as 9 ayes, 0 noes. The ordinance now moves forward per council procedure for subsequent readings and implementation steps.

The measure was framed by supporters as a fix to clarify county law following a 2023 interpretation that led to enforcement actions against farmers operating food trucks; supporters said the change restores the original intent that allowed agricultural food establishments on farms.

Implementation details — including the registration process, whether Planning will post registered truck lists, and administrative rules for handling special-use permits in the Hana Community Plan Area — were left to Planning and the administration to finalize before the next reading.